General Terms and Conditions

I.
INTRODUCTORY PROVISIONS

These General Terms and Conditions (hereinafter referred to as the "GTC") regulate the rights and obligations of the contracting parties when concluding and performing a purchase agreement (hereinafter referred to as the "Agreement") between the Seller, on one hand, and the Customer, as the buyer, on the other hand, the subject of which is the sale of Goods and their delivery to the Customer. For the purposes of these GTC, the Seller means the company:

Business name: LEJAAN s.r.o.
Registered office: Šumavská 931/13, Vinohrady, 120 00 Prague 2
ID number: 285 99 349
Entry in the Commercial Register: file no. C158886 maintained by the Municipal Court in Prague
Contact details:
Operating premises: U Kolory 231, 463 12 Liberec
Customer service contact details:
email: info@lejaan.cz
tel. no.: +420 722 920 930
Orders, returns and complaints:
email: customerservice@lejaan.cz
tel. no.: +420 725 436 172
The Customer is obliged to familiarise themselves with these GTC before using the Service.
The subject of the Agreement is the Seller's obligation, in accordance with these GTC, to deliver the Goods to the Customer, enable them to acquire ownership of them, and the Customer's obligation to accept the Goods and pay the Seller the Price and Postage, or Cash on Delivery and Packaging.
For the purposes of these GTC, the following terms, capitalised, shall have the following meanings:
1. Customer is a person using the Service and for the purposes of these GTC may also be referred to as the Buyer;
2. User Account Holder is a person who has set up a User Account on the website www.lejaan.cz;
3. User Account is the user interface available via the website www.lejaan.cz;
4. Order means the Customer's binding proposal for the conclusion of the Agreement addressed to the Seller;
5. Price is the financial amount that the Customer undertakes to pay the Seller for the Goods under the Agreement and which is specified in the Order; in case of a discrepancy between the price listed for a particular type of Goods and the price listed in the Order summary, the price listed in the Order summary is binding;
6. Goods means items whose specification and characteristics are listed on the Pages, and which are offered for sale on the Pages and which were listed by the Customer in the Order by placing these items in the virtual shopping cart (a gift voucher is also considered Goods, which is activated by entering the gift voucher code in the User Account in the "My Credits" section);
7. Postage means the amount charged to the Customer in addition to the Price, if the Price is less than CZK 3,000, for which the Seller undertakes to arrange for the transport of the Goods to the place designated by the Customer within the Czech Republic and, in case of non-acceptance of the Goods by the Customer, also for the transport of the Goods from the place where the Goods were to be delivered to the Customer back to the Seller; unless transport outside the Czech Republic is separately agreed;
8. Service means the online environment on the website www.lejaan.cz, through which Orders are placed and the Agreement is concluded;
9. Pages means the websites www.lejaan.cz;
10. Credit means a virtual unit allowing the Customer to pay the Price via the User Account, where the Customer pays the Seller the corresponding number of Credits instead of the Price. One Credit corresponds to the amount of CZK 1, the validity of Credits is time-limited. Credits are non-refundable, i.e. the Customer has no right to demand the conversion of Credits into any currency and to demand their payment. After the Price is paid in the form of Credits, the corresponding Credits will be debited from the Customer's User Account. The Seller may add Credit to the User Account, according to the conditions stated in these GTC, or the Buyer may do so by creating a User Account and, after logging into their User Account (in the "My Credits" section), entering the gift voucher number issued by the Seller;
11. Cash on Delivery means the price for the service consisting of collecting the Price from the Customer by the carrier upon receipt of the Goods from the carrier. The provisions of these GTC on Postage shall apply mutatis mutandis to the payment of Cash on Delivery, with the exception of the agreement that Cash on Delivery is always paid by the Customer regardless of the amount of the Price.
12. Packaging means the price of specially ordered packaging of the Goods, typically in the form of a gift.
The Agreement between the Seller and the Customer is concluded through the Service. The Agreement is concluded at the moment when the Customer receives confirmation of the Order acceptance from the Seller. The Seller shall confirm the Order acceptance immediately upon its receipt. Simultaneously with the confirmation of the Order acceptance, the Seller shall send these GTC to the Customer via email in PDF format (to avoid any doubt, it is understood that the GTC delivered in this way are the GTC governing the relationship between the Seller and the Customer), as well as maintenance symbols and a description of the consequences of non-compliance with the maintenance instructions. The maintenance symbols delivered to the Customer represent general instructions for the maintenance of textile Goods, and the Customer is obliged to perform maintenance (washing, ironing, cleaning) on the textile Goods in accordance with the pictograms and, where applicable, instructions associated with the textile goods, applying the instructions delivered to him according to this provision to the individual pictograms.
The conclusion of the Agreement creates the Seller's obligation to deliver the Goods to the Customer and enable them to acquire ownership thereof, and the Customer's obligation to pay the Seller the Price and Postage for the Goods.
All relations between the Seller and the Customer based on, through or in connection with the Service and items offered by the Seller through the Pages are governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), and Act No. 634/1992 Coll., on consumer protection, as amended.

II.

INFORMATION FOR CONSUMERS BEFORE CONCLUDING THE AGREEMENT

The Seller informs the Customer consumer that:
1. the costs of remote communication means do not differ from the basic rate (in case of internet and telephone connection according to the Customer's operator's terms). The Seller does not charge any additional fees, however, this does not apply to the transport of Goods;
2. it requires payment of the Price, Postage, Cash on Delivery and possibly Packaging before the Customer takes delivery, and in the case of choosing to pay these obligations via bank transfer, the Seller requires an advance payment of 100% of the Price, Postage, Cash on Delivery and possibly Packaging before dispatching the Goods to the Customer;
3. The Seller does not conclude agreements whose subject is recurring performance;
4. the prices of Goods and services are listed on the Pages including VAT, including all fees stipulated by law, however, the costs of delivering the Goods vary according to the chosen method and transport provider, the method of payment of the Price and Postage and the chosen packaging;
5. Delivery costs (Postage), method of delivery (transport), method of payment and method of packaging are communicated to the Customer when choosing transport, payment and packaging, from which the Customer chooses the most suitable method of packaging, delivery and payment, but this information is always provided before the binding confirmation of the Order;
6. The Customer consumer has the right to withdraw from the contract (unless otherwise stated below) within fourteen days, which period runs, in the case of
  1. a purchase agreement, from the day of receipt of the Goods;
  2. an agreement, the subject of which is several types of Goods or the delivery of several parts, from the day of receipt of the last delivery of Goods;
7. whereby this withdrawal must be sent to the address of the Seller's registered office, its premises or to the email address customerservice@lejaan.cz, or a registered user may use the option of completing and submitting a withdrawal form through the User Account. The withdrawal form is called a return form, as it allows the Customer to return the Goods without stating a reason and thus declare their interest in withdrawing from the contract. The return form (withdrawal form), as well as the complaint form, is available on lejaan.cz or can be accessed via the active link provided in Article XII, paragraph 9 of these GTC.
8. The Customer consumer cannot withdraw from the contract: for the supply of goods that have been modified according to the consumer's wishes or for their person.
9. in the event of withdrawal from the contract, the Customer consumer bears the costs associated with returning the Goods to the Seller, unless they use the Goods return service described in Article XI, paragraph 1 of these GTC;
10. the agreement, or the relevant invoice, will be stored in the Seller's electronic archive, Customers with an established User Account also have access to this data in their profile;the consumer may submit a complaint to the email address customerservice@lejaan.cz, which will then be internally investigated and the Customer will be informed of the outcome of the investigation or other resolution of the complaint within 30 days;
11. the consumer also has the right to address a complaint to a supervisory or state supervisory authority, which is any trade licensing office and the Czech Trade Inspection Authority (www.coi.cz);
12. if the Seller's performance is defective, the Customer has the rights described in Article X of these GTC;
13. for the purpose of communication between the Customer and the Seller, the Customer is entitled to use telephone communication at the numbers listed above, at the email addresses listed above and also chat (instant communication messenger), which is, however, only available on the Pages and if the Customer wishes to save communication conducted via chat, they must have it sent to their email, using the dedicated button rolled out from the chat environment menu.
The Customer agrees to the use of remote communication means for concluding the Agreement. Costs incurred by the Customer when using remote communication means in connection with the conclusion of the Agreement (costs of internet connection, costs of telephone calls) are borne by the Customer, and these costs do not differ from the basic rate.
By using the services on the Pages, the Customer or any other user is obliged to abide by these GTC and confirms that they have familiarised themselves with the GTC. The Seller is entitled to change and supplement the GTC at any time, with the understanding that any changes and supplements to the GTC (hereinafter referred to as "New GTC") are effective from the date of their availability on the Pages. Agreements concluded before the New GTC become available on the Pages are governed by the GTC valid before such change; the same procedure applies to Orders that were sent to the Seller before the New GTC became available on the Pages.

III.
ORDER

An Order can only be submitted to the Seller through the Service, either as a registered user with a User Account or as an unregistered user. Within the Service, the Customer selects the Goods they are interested in, including their properties, if the Service allows it for a specific item, such as fabric, color, filling, etc.
The Service, through which the Agreement is concluded, allows the Order to be edited until the binding confirmation of the Order. If the Customer enters data other than that required, the system will not allow them to proceed with completing the Order until they correct the error, which will be indicated by the system.
After confirming all the basic parameters of individual items, the Customer must move these selected items to the virtual shopping cart, by using the "add to cart" command. All items moved in this way are listed in the order form, which represents a summary of the Customer's Order (Order recapitulation), to which the Customer moves either (i) by opening the shopping cart, or (ii) by the "proceed to order" command. In the virtual shopping cart (hereinafter referred to as the "Cart"), the Customer is entitled to perform certain editing activities of their Order, or may delete certain items in the Cart or increase their number. Items can only be added to the cart by returning from the cart environment to the store environment and selecting the "add to cart" command for a newly selected item. The Order summary in the Cart, however, expresses the subject of the purchase and defines the Goods and the Price. If the Order corresponds to the Customer's will, they enter the command to select the payment and delivery method. According to the selected payment method and selected delivery method, Postage and possibly Cash on Delivery will be calculated for the Customer.
The Customer may pay the Purchase Price, Postage and optionally Cash on Delivery and Packaging, if charged, by one of the following options:
1. Payment by payment card using the 3D Secure system, whereby the Customer is redirected to the payment gateway after completing the Order.
2. Payment using GOOGLE PAY, APPLE PAY and PAYPAL services, if the logos of these services are displayed in the Service; payment through these services is governed by the terms and conditions of the operators of these services.Payment on delivery. When choosing this payment method, the Customer pays the Price, Postage and Cash on Delivery to the chosen carrier upon receipt of the Goods.
3. Payment in advance by bank transfer. When choosing bank transfer payment, the Seller sends the Buyer a proforma invoice, based on which the Customer can pay the Price and Postage using this payment method. When paying by this method, the Price and Postage are considered paid only when both the Price and Postage are credited to the Seller's bank account, and the correct variable symbol stated in the proforma invoice is assigned to the Customer's payment; otherwise, neither the Price nor Postage will be paid, and the Seller will return the paid amount back to the account from which it was transferred (this does not apply if a special agreement is made between the Seller and the Customer, at least in the form of an email).
4. Credit via User Account. If the amount of Credits does not correspond to the Price, the Buyer is obliged to pay the difference by one of the options according to Article II, paragraph 4, letters a) – d) of these GTC.
When using payment by payment card, the Customer is obliged to enter the required data into the individual fields offered by the Service. The Seller accepts payment cards that are displayed when paying by payment card.
When paying cash on delivery, the Customer is obliged to pay the Seller the Price with Postage, Cash on Delivery and possibly Packaging upon receipt of the Goods, in the manner permitted by the chosen carrier. The Customer is entitled to pay the Price and Postage in cash only in the case of cash on delivery, if the chosen carrier allows it, but only if the price does not exceed the equivalent of 10,000 Euros.
After selecting the payment method, the Customer clicks the "continue" button, which moves them to the "delivery details" tab. The delivery details include information about the delivery location and the billing location, if different from the delivery location. They also fill in their contact phone number or a note for the Seller regarding their order. To place a binding order, the Customer must actively check that they have read these GTC. The checkbox asking whether they wish to receive a newsletter is optional, depending on the Customer's preferences. Furthermore, on this tab, the Customer is informed about the facts according to § 1826a paragraph 1 of the Civil Code, i.e., they are informed about what they are ordering, at what price, with what transport, to what place, with what Postage, Cash on Delivery, and possibly Packaging; this is the final summary of the Order, where it is still possible to cancel the Order without any consequences. If they agree with the data on the Order and wish to conclude the Agreement, the Customer must confirm the Order in the system by clicking on a special banner labeled "COMPLETE ORDER ". After confirming the Order, the Customer can no longer correct errors in the Order, but they may request the correction of these errors according to the procedure in paragraph 8 below. Errors found during the Order review before its confirmation can be corrected by the Customer in the system at any time.
In the event of an error in the Order, the Customer is entitled to report the existence of the error without undue delay via the contact email published on the Pages, as after receiving the Seller's confirmation of Order acceptance, the Order can only be changed based on a special agreement with the Seller.
In the Order, the Customer is obliged to fill in the individual fields according to the requirements of the pre-set parameters. The Customer is alerted to fields with mandatory data in the Order. All data filled in the Order must be truthful and are binding.

The Customer is entitled to cancel their order until the Goods are dispatched, by emailing the contact email address provided on the Website.

The Seller is entitled to cancel the Contract if it finds that the Order contains incorrect or incomplete information necessary for the performance of the Contract, or if it finds that it is unable to fulfill the Contract due to extraordinary, unforeseen circumstances in the warehouse system.

The Order must include personal data necessary for the proper fulfillment of the Contract by the Seller. If the Customer requests it, they have the option to check a box to add company details, which will allow them to enter their Company ID and Tax ID into the Order. If the Customer wishes to have the Goods delivered to an address other than the billing address, they must check the relevant box, which will create a field for them to enter the delivery address.

If the Customer wishes to give the Goods as a gift, they must check the relevant box, and their Goods will be delivered to the address they provided, wrapped in gift packaging. A personal message can also be added. In such a case, the package will not contain any price information, only a delivery note. The invoice will be sent to the Customer's email, not to the recipient of the Goods.

To complete the Order, the Customer must agree to these Terms and Conditions by checking the appropriate box and agree to the processing of personal data. If they wish to receive news from the Service, they must check the "I want to receive the newsletter with news" box.

IV.
PRICE

The price of the Goods always includes value added tax, regardless of the moment of its display; this does not affect the agreement that the binding Price is displayed exclusively in the Order summary. The Price includes value added tax at the rate valid on the day the Order is placed. In the event that the value added tax rate changes in the period after the Order is placed and before the Goods are dispatched, the Customer is obliged to pay any difference in the same way they pay the Price. If the value added tax is reduced, the Seller will return any overpayment of the Price to the Customer within 5 working days from the date of receipt of the Customer's request for a refund of the overpayment.
The tax document related to the Price is delivered to the Customer via email and/or User Account.
If the price of any item on the Website is marked as "special offer" or otherwise marked with "discount", such discounted or special offer price is valid only while stocks last or until the price is adjusted.
In the shopping cart, the Customer has the option to enter a discount code they have obtained into the appropriate field, which will provide a corresponding discount on some Goods or the Order Price.
Price conditions of the Seller's loyalty program:
1. Under the conditions specified below, the Seller undertakes to provide each Customer with a 10% discount on the total purchase price including VAT, if the Customer has purchased any of the Seller's goods through the Service in the period of not more than 18 months before the purchase and this previous order is registered as "completed/delivered" in the User Account;
2. The discount is not granted for purchases that were cancelled within the statutory withdrawal period;
3. The discount is provided automatically, the Customer does not enter any codes; the discount is granted by the system if the purchase is made through the User Account and meets the conditions of the loyalty program;
4. The discount does not apply to already discounted goods and cannot be combined with other marketing campaigns in which the Seller participates or organizes.

V.
CONCLUSION OF THE PURCHASE AGREEMENT

The Purchase Agreement is concluded at the moment the Seller confirms receipt of the Order.
Based on the concluded Contract, the Seller is obliged to deliver the Goods to the address specified by the Customer in the Order, or to the pick-up location chosen by the Customer with the carrier (hereinafter referred to as the "Delivery Location"). The Customer is obliged to accept the Goods at the Delivery Location and, if the Postage and Price have not been paid in advance, to also pay the Price and Postage. If the Customer fails to accept the Goods at the Delivery Location, the Goods will be returned to the Seller by the carrier at the Customer's expense. The Delivery Location also includes a place other than the original Delivery Location, which will be specifically agreed upon as the pick-up location for the Goods between the carrier and the Customer during delivery of the Goods. The realization of the delivery of the Goods by the carrier is governed by the terms and conditions of the chosen carrier.
The Buyer acquires ownership of the Goods at the moment when (i) they have taken over the Goods and (ii) paid the Price and Postage and, if applicable, Cash on Delivery and Packaging (if the corresponding services were selected by the Customer).
The depiction of the Goods on the Website is illustrative only. The Seller reserves the right to correct/modify any specification of any item presented on the Website based on newly discovered facts about such items.

VI.
PERFORMANCE PERIOD

The performance period (or delivery period) begins on the day the Contract is concluded. The Seller undertakes to dispatch the Goods via the carrier chosen by the Customer as soon as possible according to its operational capabilities.
In the event that the Customer has chosen to use the payment method of paying in advance to a bank account, the performance period begins on the day when the Price, Postage, and, if applicable, Cash on Delivery and Packaging are credited to the Seller's bank account.
The Seller informs the Customer, when selecting a suitable carrier, of the estimated delivery date of the Goods. The date thus determined is only indicative. The Seller undertakes to deliver the Goods to the Buyer no later than 30 days from the day the performance period began to run.
In the event that the Seller finds during the processing of the Order that it is unable to meet the above-mentioned performance period, it will inform the Customer of the estimated performance period. Only after the Customer agrees to the new performance period will the performance period begin to run.
If the Seller defaults on the delivery of the Goods, the Customer may withdraw from the contract if the Seller fails to fulfill its obligation even within an additional reasonable period provided by the Customer. The Customer may withdraw from the contract without an additional period only if the Seller has refused to perform or if performance within a specified time is essential given the circumstances at the conclusion of the contract, or if the Customer informed the Seller before the conclusion of the contract that delivery within a certain time is essential.

VII.
OTHER RIGHTS AND OBLIGATIONS

In addition to other obligations agreed in these T&Cs, the Customer undertakes to:
1. When using the Seller's services, follow the instructions and manuals available at www.lejaan.cz and these T&Cs;
2. Accept the Goods from the Seller via the chosen carrier in accordance with and under the conditions of the chosen carrier;
3. Provide the Seller with the necessary cooperation for proper performance without undue delay. The period for performance of the Contract is extended by the time from the Seller's request for cooperation from the Customer until the Customer provides cooperation.
If the Customer does not accept the Goods from the Carrier, the Contract is automatically cancelled on the day the Goods are returned to the Seller by the carrier. The Customer is obliged to pay the Seller the costs of delivery and return of the Goods and the costs of processing the Order. The provisions of these T&Cs on the rights and obligations of the contracting parties in connection with the cancellation of the Contract by withdrawal shall apply mutatis mutandis.
The LEJAAN sample book is also considered Goods, which, depending on the chosen variant, contains materials and colors that the Seller uses to make other Goods. The LEJAAN sample book is available in various variants depending on the offer published on the website www.lejaan.cz. The provisions of these T&Cs regarding the purchase of other Goods shall apply mutatis mutandis to the purchase of the LEJAAN sample book, but with the following modifications:
1. After paying the purchase price of the LEJAAN sample book, the Customer will receive a voucher with a code to their chosen email, based on which they are entitled, upon subsequent purchase of Goods, to deduct the purchase price of the purchased LEJAAN sample book from the purchase price of the Goods from the subsequent purchase. By applying the voucher, the purchase price of the LEJAAN sample book is considered refunded.
2. If the LEJAAN sample book is returned within 14 days from the date of its purchase, the Customer will be refunded the purchase price of the sample book, unless it has already been refunded by applying the voucher in a subsequent purchase. When returning the LEJAAN sample book, the Seller will deactivate the voucher and it cannot be used further, unless it was applied before.
3. If the Customer uses the voucher, they are not obliged to return the purchased LEJAAN sample book; this does not exclude their right to return the LEJAAN sample book to the Seller.
4. The voucher obtained by purchasing the LEJAAN sample book cannot be applied together with any discount, discount code, or other marketing promotion;
5. The voucher obtained by purchasing the LEJAAN sample book can only be used for 30 days from the date of receipt of the LEJAAN sample book.

VIII.
USER ACCOUNT

For the purpose of placing an Order and using the services provided by the Seller through the Website, the Customer is entitled to register in the Seller's system operated on the Website and create their User Account. They can also do so in connection with placing an Order, where they have the option to check the box for creating a User Account.
For the purpose of successful registration (creation of a User Account), the Customer is obliged to enter the following truthful data during registration:
1. First name and surname;
2. Email address;
3. Mobile phone number;
4. Exact address and postcode;
5. Password, which must be re-confirmed during registration.
After successful registration, the Customer is sent a confirmation email with a special request to confirm profile activation. This verifies the entered email address and that it belongs to the person activating the User Account. After clicking on the profile activation banner, the Customer will be prompted to confirm their consent to the processing of personal data for the purpose of managing and maintaining the User Account. The processing of this data is essential for maintaining the User Account service, therefore a User Account cannot be established for a person who does not consent to the processing of their data.
To log in to the User Account, the Customer only needs to enter the email address and password they used during registration. The service also allows logging in via Facebook user identification.
The Customer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
The Customer is not authorized to allow third parties to use the User Account.
The Seller may cancel the User Account, especially in cases where the Customer has not used their User Account for more than 1 year, or if the Customer breaches their obligations under the Contract (including the GTC). The User Account may also be canceled by the Customer by sending an email message requesting the cancellation of the User Account to the contact email specified on the Website.
The Customer acknowledges that the User Account and the system may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of third parties' hardware and software.
The system is fully compatible with the updated following software: Microsoft Edge, Mozilla Firefox, Safari, Chrome.
The Customer agrees to the storage of data files improving the individuality of the web environment for the Customer, so-called cookies, on their computer. In the event that it is possible to conclude the contract in the system and fulfill the Seller's obligations under the Contract without storing cookies on the Customer's computer, the Customer may withdraw consent under the previous sentence at any time.
Any communication from the Seller to the Customer is delivered to the email address specified in the system, unless the Seller uses communication via mobile phone.

IX.
PERSONAL DATA AND GDPR

The principles of personal data protection are set out in a separate document entitled "Information on the processing of personal data", which is available here.
The Customer agrees to the processing of their personal data to the extent of first name and surname, address, identification number, tax identification number, email address, telephone number (hereinafter referred to as "personal data").
The Customer agrees to the processing of personal data by the Seller, for the purposes of concluding and fulfilling the Contract and for the purposes of managing and maintaining the Customer's User Account. Unless the Customer chooses otherwise, they also agree to the processing of personal data by the Seller for the purposes of sending information and commercial communications to the Customer; this consent can be withdrawn at any time via the form which is part of the Information on personal data processing available on the Website.
Consent to the processing of personal data in its full scope according to this article is not a condition that would in itself prevent the conclusion of the Contract.
The Customer is obliged to provide their personal data correctly and truthfully and is obliged to inform the Seller without undue delay of any change in their personal data.
The Seller may entrust the processing of the Customer's personal data to a third party, as a processor. Apart from persons transporting the Goods and entities ensuring customer satisfaction surveys (see Information on personal data processing), personal data will not be transferred by the Seller to third parties without the Customer's prior consent.
The Customer confirms that the personal data provided is correct and that they have been informed that the provision of personal data is voluntary.
The Customer agrees to receive information related to the Seller's services or business to the Customer's email address and further agrees to receive commercial communications from the Seller to the Customer's email address, if they checked the "I want to receive newsletter with news" box when completing the Order.
The Customer agrees to the storage of data files improving the individuality of the web environment for the Customer, i.e., cookies, on their computer. In the event that it is possible to conclude the contract in the system and fulfill the Seller's obligations under the Contract without storing cookies on the Customer's computer, the Customer may withdraw consent under the previous sentence at any time.
Any communication from the Seller to the Customer is delivered to the email address specified in the system, unless the Seller uses communication via mobile phone.

X.
RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, COMPLAINTS

The provisions of this article apply to the rights and obligations of the Seller and the Buyer, who is a consumer. Rights arising from defective performance by the Seller for a Buyer who is not a consumer are regulated in paragraph 25 of this article of the T&Cs.
The Seller does not provide the Buyer with a quality guarantee for the Goods.
The Seller is liable to the Customer for the item being free of defects upon receipt. In particular, the Seller is liable to the Customer that the Goods:
1. correspond to the agreed description, type, and quantity, as well as other agreed properties,
2. are suitable for the purpose for which the Customer requires them and with which the Seller has agreed, and
3. are supplied with the agreed accessories and instructions for use.
The Seller is liable to the Customer that, in addition to the agreed properties:
1. the Goods are suitable for the purpose for which items of this type are usually used, also taking into account the rights of third parties, legal regulations, technical standards, or industry codes of conduct, if there are no technical standards,
2. the Goods, in terms of quantity, quality, and other properties, including durability, functionality, and safety, correspond to the usual properties of items of the same type that the Customer can reasonably expect, also taking into account public statements made by the Seller or another person in the same contractual chain, especially through advertising or labeling,
3. the Goods are supplied with accessories, including packaging and other instructions for use, which the Customer can reasonably expect, and
4. the Goods correspond in quality or design to the sample that the Seller provided to the Customer before concluding the contract, if such a sample was provided.
The Seller is not bound by a public statement under the previous paragraph b) if it proves that it was unaware of it or that it was amended at the time of concluding the contract in at least a comparable manner to how it was made, or that it could not have influenced the decision to purchase.
Paragraph 5 shall not apply if the Seller specifically informed the Buyer before concluding the contract that a certain property of the item differed and the Buyer explicitly agreed to this when concluding the contract.
If a defect appears within one year of receipt, the item is presumed to have been defective at the time of receipt, unless the nature of the item or the defect excludes this. This period does not run for the period during which the Customer cannot use the item, in the event that the defect was justifiably claimed.
Pursuant to Section 2165 (1) of the Civil Code, the Buyer is entitled to report a defect that appears on the Goods within 2 years of their acceptance.
The Seller's performance is considered proper even if the performance shows certain deviations in terms of dimensions or weight, provided that the deviation does not exceed 5%. The Buyer is not entitled to rights arising from defective performance if the Buyer caused the defect him/herself. Wear and tear of the Goods caused by their normal use does not constitute a defect. The Seller is also not liable for defects of the Goods caused by incorrect or improper handling or use, improper storage, incorrect placement, or defects arising from natural disasters, and is also not liable for defects caused by the Buyer or a third party. When handling the Goods, the Buyer is obliged to proceed in accordance with the instructions attached to the Goods, and if not attached to the Goods, in accordance with the principles of usual care.
If the Goods are defective, the Customer may demand their removal. At their option, they may demand the delivery of a new item without defects or the repair of the item, unless the chosen method of defect removal is impossible or disproportionately expensive compared to the other; this will be assessed especially with regard to the significance of the defect, the value that the Goods would have without defects, and whether the defect can be removed by the other method without significant difficulties for the Customer. The Seller may refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the significance of the defect and the value that the Goods would have without the defect.
The Seller shall remove the defect within a reasonable time after its notification so as not to cause significant difficulties to the Customer, taking into account the nature of the Goods and the purpose for which the Customer purchased the Goods. To remove the defect, the Seller shall take over the Goods at its own expense in accordance with Article XI, paragraph 1.
The Customer may request a reasonable discount or withdraw from the contract if:
1. The Seller refused to remove the defect or did not remove it in accordance with paragraph 10 above,
2. the defect appears repeatedly,
3. the defect constitutes a material breach of contract, or
4. it is clear from the Seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the Customer.
If the defective performance is a material breach of contract, the Buyer has the right
1. to have the defect remedied by delivery of a new item without defects or delivery of the missing item,
2. to have the defect remedied by repair of the item,
3. to a reasonable discount from the purchase price, or
4. to withdraw from the contract.
  The Buyer shall inform the Seller of the right chosen when notifying the defect, or without undue delay after notifying the defect. The Buyer cannot change the chosen option without the Seller's consent; this does not apply if the Buyer requested a repair of a defect that proves to be irreparable. If the Seller does not remedy the defects within a reasonable period or informs the Buyer that the defects will not be remedied, the Buyer may request a reasonable discount from the purchase price instead of remedying the defect, or may withdraw from the contract.
If the Buyer does not choose their right in time according to paragraph 13 of this article, they have the right to have the defect removed, or to a reasonable discount from the purchase price. Until the Buyer asserts the right to a discount from the purchase price or withdraws from the contract, the Seller may deliver what is missing or remove the legal defect. Other defects may be removed by the Seller at their discretion by repairing the item or delivering a new item; the choice must not cause the Buyer disproportionate costs. If the Seller does not remove the defect of the item in time or refuses to remove the defect of the item, the Buyer may request a discount from the Price, or may withdraw from the contract. The Buyer cannot change the chosen option without the Seller's consent.
A reasonable discount shall be determined as the difference between the value of the Goods without defect and the defective Goods received by the Customer.
The Customer cannot withdraw from the contract if the defect of the item is insignificant.
Should damage occur to the Buyer in connection with the Seller's liability for defects in the Goods, compensation for such damage, including lost profits, is limited to the price of the Goods stated in the Order. The Seller's liability for defects in the Goods and damage to the Buyer is excluded if the defects in the Goods arose from force majeure or incorrect actions of the Buyer or another person other than the Seller.
The Buyer has the right to point out defects in the Goods, i.e., to assert their rights corresponding to the Seller's liability for defects in the Goods, all in accordance with these GTC and the Civil Code. The Buyer asserts their right to claim at the contact details for Orders, returns and claims listed in Article I, paragraph 1 of these GTC.
If the goods are delivered by the carrier in damaged packaging, or if the Buyer has doubts upon receipt of the Goods as to whether the Goods show signs of damage, the Buyer shall prepare a written record of the claim for the Goods with the carrier on the spot. In such a case, the Buyer has the right not to accept the damaged shipment. By signing the shipping document, the Buyer agrees to accept the Goods and confirms that they have received the Goods without visible damage or defects.
The Buyer technically asserts liability for a defect in the Goods (complaint) by filling out a complaint form, which is delivered to them with the Goods, and by delivering it with the Goods to the Seller. Goods can always be complained about when the Seller's liability for defects in the Goods is asserted. In the event that the Buyer complains about the Goods, they are obliged to state the reason for their complaint in the "reason for complaint" field by specifying the defect and describing the defect and how it manifests (so that the complained defect is not interchangeable with another defect); otherwise, it is not considered a complaint.
After the complaint, the Seller will send the Buyer an email confirmation of receipt of the complaint, which contains information about when the Buyer exercised the right, what the content of the asserted right is, and what method of resolving the right the Buyer requests.
If, during the complaint resolution process, the Seller finds that the complaint is not justified, the Buyer is obliged to bear the shipping costs of the Goods related to the complaint, in a flat rate of CZK 199, unless the Buyer delivers the Goods at their own expense.
The Buyer is entitled, in the event of the Seller handling complaints in violation of these GTC or the Civil Code, to contact the Seller with a proposal for out-of-court settlement of the matter.
The Seller undertakes to settle the complaint and inform the Buyer of its settlement within 30 days of its delivery to the Seller. In the event that the deadline according to the previous sentence has expired in vain, the Customer is entitled to withdraw from the contract or request a reasonable discount. The choice between a reasonable discount and withdrawal from the contract belongs to the Buyer, who is obliged to inform the Seller which of the options they have chosen. By agreement of the contracting parties, the Buyer may also be accommodated by providing a replacement of the Goods. The Buyer is informed about the settlement of the complaint via their contact email.
If the Buyer is not a consumer, the provisions of paragraphs 2, 3, 9, 18, 20 of this article shall apply mutatis mutandis. A Buyer who is not a consumer, in the case of a proper and justified complaint, cannot demand the delivery of new Goods if they cannot return the Goods in the condition in which they received them; this does not apply if the condition changed as a result of inspection for the purpose of determining the defect of the item, or if the Buyer used the item before the defect was discovered, or if the Buyer did not cause the impossibility of returning the item in an unchanged state by act or omission, or if they sold the item before the defect was discovered. The Buyer is informed of the settlement of the complaint via their contact email.

XI.
WITHDRAWAL

The consumer has the right to withdraw from the Contract (and thus return the Goods) within 14 days of receiving the Goods. This right does not apply to a Buyer who is not a consumer. The Buyer - consumer also has the right to withdraw from the Contract in other cases stipulated by law.

To exercise the right to withdraw from the Contract, the consumer is obliged to fill in and send the online form available at:
https://www.lejaan.cz/pages/vraceni-a-reklamace?retino-portal-3033-url=/cs/portal/iframe/0b6505ea-2700-44ea-a279-28d3b1e890da/

In case of withdrawal from the Contract, the consumer bears the costs associated with returning the Goods, while the fee for return through the offered return shipping is CZK 75.
For the purpose of technical execution of withdrawal from the Contract by a Buyer who is not a consumer, the provisions of the preceding paragraph shall apply mutatis mutandis, with the proviso that in the case of returning Goods where there is no legal reason for withdrawal from the Contract, the Buyer who is not a consumer is obliged to pay the Seller shipping costs of the Goods in a flat rate of CZK 199.
The provision of paragraph 1 of this article does not apply to a gift voucher, which can only be returned until its activation, i.e., until the gift voucher code is entered in the User Account in the "my Credits" section and the value of the gift voucher is credited to the Buyer's Credits.
The Buyer is obliged to state the reason for withdrawing from the Contract, unless it is a Buyer-consumer who withdraws within the statutory 14-day period; in this case, the reason for withdrawal does not have to be stated. Withdrawal made without a legal or contractual reason for it is not considered withdrawal for the purposes of these GTC and does not have the consequences intended by withdrawal.
Goods can never be returned by sending them cash on delivery; in such a case, the Goods will not be accepted by the Seller, and in this case, the Seller will not be in default of accepting the Goods.
If the Contract is withdrawn from in whole or in part and the Buyer has returned the Goods, in relation to which the Contract was cancelled by the Buyer's withdrawal, in the condition required by these GTC or by law, the Seller shall return the Price for such Goods to the Buyer within two weeks from the date of delivery of the withdrawal and the Goods to which the withdrawal applies. If it is a withdrawal by a Buyer - consumer for an existing legal or contractual reason, the Seller shall return the Price, including the costs of delivery of the Goods, to the Buyer - consumer without undue delay, no later than fourteen (14) days from the date of delivery of the withdrawal from the Contract, in the same way as they received it from the Buyer - consumer, or in another way agreed to by the Buyer - consumer. However, the Seller is not obliged to return the Purchase Price of the Goods, including the costs of delivery of the Goods, to the Buyer - consumer until the Buyer - consumer hands over the returned Goods to them. To exclude any doubts, the Buyer agrees that in the event of using Credits for the purchase of Goods, the Price will be returned to them again in the form of crediting the corresponding Credits to their User Account.
If the Buyer withdraws from the Contract, they must return to the Seller everything they received under the Contract.

If this is not reasonably possible (e.g., the Goods have been partially unpacked, soiled, or the packaging has been damaged in any way in the meantime), the Seller has the right to quantify the damage according to the current price list. In such a case, the Seller will only return the reduced Price to the Buyer. The Seller may set off its actual incurred costs associated with the return of the Goods against the Price to be returned to the Buyer. If the value of the Goods has decreased, the Seller is entitled to charge the costs thus incurred. Notwithstanding the above, the Seller is entitled to unilaterally decide that in a specific case, it will return the paid Price to the Buyer, but only in the form of Credits, provided that the Buyer - consumer agrees to the return of the Price in the form of Credits. If the Buyer does not agree to the return of the Price in the form of Credits, the Seller's decision to return the Price shall be deemed never to have been made.

The Seller is entitled to withdraw from the Contract if the Buyer does not take over the Goods within 7 days of the notified date of handover or within 7 days of their possible storage at the carrier's branch. This provision does not affect the Seller's right under Section 2126 of the Civil Code regarding self-help sale.
The Seller has the right to withdraw from the Contract in the event that the Goods are not supplied by its supplier; the Buyer will be informed of this fact in writing without delay.

XII.
FINAL PROVISIONS

The Contract can be concluded in Czech and English.
The Seller is not bound by any code of conduct in relation to the Customer.
Out-of-court handling of consumer complaints is provided by the Seller via the email address customerservice@lejaan.cz. The Seller will send information on the handling of the Customer's complaint to the Customer in accordance with these GTC. In the event that a consumer dispute arises between the Seller and the Customer from the contract, which cannot be resolved by mutual agreement, the Customer may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court settlement of consumer disputes, which is:

Czech Trade Inspection Authority

Central Inspectorate - ADR Department

Štěpánská 44

110 00 Prague 1

Email: adr@coi.cz

Web: adr.coi.cz

further details are available here: https://www.coi.cz/informace-o-adr/.

However, the Customer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.

The Seller is authorized to provide its services on the basis of a trade license. Trade license inspections are carried out by the relevant trade license office within its scope of authority. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority, within its defined scope, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
In the event that the Contract is concluded with an international element, the contracting parties have agreed that their rights and obligations are governed by the legal order of the Czech Republic, excluding conflict of laws rules. This does not affect consumer rights arising from generally binding legal regulations.
If any provision of the general terms and conditions is invalid or ineffective, or becomes so, the invalid provisions shall be replaced by provisions whose meaning most closely approximates that of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes to the Contract or general terms and conditions require written form.
The Contract, including the general terms and conditions, is archived by the Seller in electronic form and is not accessible.
Part of the general terms and conditions is a sample withdrawal form, which is available on the website www.lejaan.cz. The sample form may be used by the Customer, but in that case, the Customer is obliged to arrange for the transport of the Goods to the Seller. This is also why the Seller recommends using the specially created environment of the User Account, or the link that the Seller sends to the Customer with the Order confirmation, because when using the option of withdrawal via the aforementioned User Account environment or the sent link, the withdrawal is handled including the service described above in these GTC.
The Seller's contact details are also available on the website www.lejaan.cz.

In Prague on 04.02.2023

Downloadable files

Return form (PDF, 451 KB)